FarStone Technology INC. (FARSTONE)END-USER LICENSE AGREEMENT
FOR VIRTUALDRIVE PERSONAL EDITION, HEREAFTER
REFERRED TO AS THE "SOFTWARE"
PLEASE READ CAREFULLY: THE USE OF THIS "SOFTWARE" IS
SUBJECT TO THE "SOFTWARE" LICENSE TERMS OF FARSTONE AND OTHER
LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE "SOFTWARE" INCLUDED WITH THIS
PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THE
"SOFTWARE", AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE
"SOFTWARE", YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL
REFUND.
In return for acquiring a License to use the Farstone
"Software", which may include software from third party licensors,
trial versions or copies of the "Software" and patches made available
by Farstone, and the related documentation, you agree to the following terms and
conditions:
A. Single User License: This Agreement grants you, the
Licensee, a License to:
(a) Use the
"Software" on a single computer system or network, and only by a
single user at a time. If you wish to use the "Software" for more
users, you will need an additional License for each user.
(b) Make one copy of the
"Software" in machine readable form solely for back-up purposes,
provided you reproduce FarStone's copyright proprietary legends. Notwithstanding
the foregoing, the "Software" may be used on the home, laptop or other
secondary computer of the principal user of the "Software", and an
additional copy of the "Software" may be made to support such use. As
used in this License, the "Software" is "in use" when it is
either loaded into RAM or installed on a hard disk or other permanent memory
device. The "Software" may be "in use" on only one computer
at any given time. (Different
License terms and fees are applicable for networked or multiple user
applications.) As a specific
condition of this License, you agree to use the "Software" in
compliance with all applicable laws, including copyright laws, and that you will
not copy, transmit, perform or distribute any audio or other content using the
"Software" without obtaining all necessary Licenses or permissions
from the owner of the content.
B. Multiple User License: This
Agreement grants you, the Licensee, a License to:
Make one copy of the
"Software" in machine readable form solely for back-up purposes,
provided you reproduce FarStone's copyright proprietary legends.
You must acquire and dedicate a License for each separate
computer on which any part or portion of the "Software" is installed
or run. As used in this License, the "Software" or any part or portion
of the "Software" is "in use" when it is either loaded into
RAM or installed on a hard disk or other permanent memory device including any
networked or shared environment where either direct or indirect connections are
made through software or hardware which pools or aggregates connections..
As a specific condition of this License, you agree to use the
"Software" in compliance with all applicable laws, including copyright
laws, and that you will not copy, transmit, perform or distribute any audio or
other content using the "Software" without obtaining all necessary
Licenses or permissions from the owner of the content.
C. Restrictions: You may not distribute copies of the
"Software" to others or electronically transfer the
"Software" from one computer to another over a network.
You may not post or otherwise make available the "Software", or
any portion thereof, in any form, on the Internet.
You may not use the "Software" in a computer service business,
including in time sharing applications. The
"Software" contains trade secrets and, in order to protect them, you
may not decompile, reverse engineer, disassemble, or otherwise reduce the
"Software" to a human-perceivable form.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR
PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE
"SOFTWARE" OR ANY PART THEREOF.
D. Ownership: As Licensee, you own the media upon which
the "Software" is recorded or fixed, but Farstone and its Licensors
retain title and ownership of the "Software" recorded on the original
media and all subsequent copies of the "Software", regardless of the
form or media in which or on which the original and other copies may exist. This License does not grant, convey or in any way transfer
ownership of the "Software".
E. Separation of Components: The "SOFTWARE"
is licensed as a single product. Its component
parts may not be separated for use on more than one computer, not withstanding
reference to Section B of this License agreement where Multiple user Licenses
have been purchased.
F. Confidentiality: You agree to maintain the
"Software" in confidence and that you will not disclose the
"Software" to any third party without the express written consent of
Farstone. You further agree to take
all reasonable precautions to preclude access of unauthorized persons to the
"Software".
G. Term: This License shall continue for as long as you
use the "Software". However, it will terminate if you fail to comply
with any of its terms and conditions. You
may terminate the License at any time by destroying the "Software"
(including the related documentation) together with all copies or modifications
in any form. Farstone will have the
right to terminate our License immediately if you fail to comply with any term
or condition of this Agreement. Upon
any termination, including termination by you, you must destroy the
"Software" (including the related documentation), together with all
copies or modifications in any form. the Limitations, Warranties and Liability
set out below shall continue in force even after any termination.
H. Transfer: You may transfer the "Software"
License to someone else, only if you assign all of your rights under this
License, cease all use of the "Software", erase or destroy any copy
(including the hard disk copy) made in support of your use of the
"Software", and the other person agrees to the terms of this License.
If the "Software" is an upgraded from other
"Software", whether from us or another supplier, you may use or
transfer the "Software" only in conjunction with the upgraded
"Software", unless you destroy it.
If the "Software" is an upgrade from a FarStone, you may only
use that upgraded "Software" in accordance with this License.
I. Special Terms Applicable to Databases.
Where a database is included with the "Software", you
acknowledge that it is licensed only in
connection with the use of the "Software" to perform disc creation,
and that the database and all data derived there from must be maintained in
confidence in accordance with the provisions of Section E of this document.
This License does not grant you any rights to distribute or disclose such
a database or data contained therein.
J. Limited Warranty: Farstone
and its Licensor warrant only that the media upon which the "Software"
is furnished will be free from defects in material or workmanship under normal
use and service for a period of thirty (30) days from the date of delivery to
you. FARSTONE AND ITS LICENSORS DO
NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
"SOFTWARE" OR DOCUMENTATION. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FARSTONE AND ITS LICENSORS WILL
PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY,
FARSTONE AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Some
states do not allow the exclusion of implied warranties or limitations on how
long an implied warranty may last, so the above limitations may not apply to
you. This warranty gives you
specific legal rights and you may also have other rights which vary from state
to state.
The entire liability of Farstone and its Licensors, and your
exclusive remedy for a breach of this warranty, shall be: (a) the replacement of
any media not meeting the above limited warranty which is returned to Farstone;
or (b) if Farstone or its distributor is unable to deliver replacement media
which is free from defects in materials or workmanship, you may terminate this
Agreement by returning the "Software" and your money will be refunded.
K. Limitation of Liability:
IN NO EVENT WILL FARSTONE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS, OR LOSS OF DATA, EVEN IF FARSTONE OR A LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of
special, incidental, or consequential damages, so the above limitation or
exclusion may not apply to you.
L. Bundling: In no case may the "SOFTWARE" be
bundled with hardware or other software without written permission from
Farstone.
M. Export: You
acknowledge that the laws and regulations of the United States and/or other
countries may restrict the export and re-export of the "Software".
You agree that you will not export or re-export the "Software"
or documentation in any form in violation of applicable law in the United States
and/or foreign law.
N. General: You
acknowledge that you have read this Agreement, understand it, and that by using
the "Software" you agree to be bound by its terms and conditions.
You further agree that it is the complete and exclusive statement of the
agreement between Farstone and you, and supersedes any proposal or prior
agreement, oral or written, and any other communication between Farstone and you
relating to the subject matter of this Agreement.
No additional or any different terms will be enforceable against Farstone
unless Farstone gives its express consent, including an express waiver of the
terms of this Agreement, in writing signed by an officer of Farstone.
You assume full responsibility for the use of the "Software"
and agree to use the "Software" legally and responsibly.
Should any provision of this
Agreement be declared unenforceable in any jurisdiction, then such
provision shall be deemed severable from this Agreement and shall not affect the
remainder hereof. All rights in the "Software" not specifically
granted in this Agreement are reserved by FarStone.
Should you have any questions concerning this Agreement, you
may contact Farstone by writing to:
FarStone Technology Inc.
Legal Department
15550-B, Rockfield Blvd., Suite 100
Irvine, CA 92618